Resolution Requiring Special Notice [Sec. 190]
There are certain matters specified in the Companies Act, 1956 which may be discussed at a general meeting only if a special notice is given regarding the proposal to discuss these matters at a meeting. A special notice enables the members to be prepared on the matter to be discussed and gives them time to indicate their views on the resolution. In case special notice of resolution is required by the Companies Act, 1956 or by the articles of a company, the intention to propose such a resolution must be notified to the company at least 14 days before the meeting. The company must within 7 days before the meeting give the notice of the proposed resolution to its members. Notice of the resolution is required to be given in the same way in which notice of a meeting is given, or if that is not practicable, the company may give notice by advertisement in a newspaper having an appropriate circulation or in any other manner allowed by the articles, not less 7 days before the meeting.
The following matters requiring Special Notice before they are discussed before tha meeting :-
There are certain matters specified in the Companies Act, 1956 which may be discussed at a general meeting only if a special notice is given regarding the proposal to discuss these matters at a meeting. A special notice enables the members to be prepared on the matter to be discussed and gives them time to indicate their views on the resolution. In case special notice of resolution is required by the Companies Act, 1956 or by the articles of a company, the intention to propose such a resolution must be notified to the company at least 14 days before the meeting. The company must within 7 days before the meeting give the notice of the proposed resolution to its members. Notice of the resolution is required to be given in the same way in which notice of a meeting is given, or if that is not practicable, the company may give notice by advertisement in a newspaper having an appropriate circulation or in any other manner allowed by the articles, not less 7 days before the meeting.
The following matters requiring Special Notice before they are discussed before tha meeting :-
a. To appoint at an annual general meeting appointing an
auditor a person other than a retiring auditor.
auditor a person other than a retiring auditor.
b. To resolve at an annual general meeting that a retiring auditor shall not be reappointed.
c . To remove a director before the expiry of his period of office.
d. To appoint another director in place of removed director.
e. Where the articles of a company provide for the giving of a special notice for a resolution, in respect of any specified matter or matters.
Please note that a resolution requiring special notice may be passed either as an ordinary resolution (Simple majority) or as a special resolution (75 % majority).
c . To remove a director before the expiry of his period of office.
d. To appoint another director in place of removed director.
e. Where the articles of a company provide for the giving of a special notice for a resolution, in respect of any specified matter or matters.
Please note that a resolution requiring special notice may be passed either as an ordinary resolution (Simple majority) or as a special resolution (75 % majority).
Rules regarding Resolution Requiring Special Notice
![Rules regarding Resolution Requiring Special Notice]()
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